In the rush to erase the Trump legacy from the American political scene, Joe Biden signed one executive order after another in the first month of his occupancy in the Oval Office. One of those orders was to suspend the deportation program at the Southern Border for one hundred days.
Earlier in the year, a Trump-appointed judge, Drew Tipton, sided with the State of Texas in opining that the state’s Attorney General did present cause for a temporary stay on the order and put a fourteen-day hold on the execution of the order.
Tipton, a Trump appointee, in January temporarily blocked Biden’s order for 14 days because it failed “to provide any concrete, reasonable justification for the 100-day pause.”
“In the instant case, the January 20 Memorandum and the corresponding administrative record fail to indicate the appropriateness and rationality of DHS’s ‘path’ in implementing a 100- day pause on removals. In other words, the Court, even with additional briefing and the administrative record at its disposal, still cannot discern how DHS’s stated concerns are logically connected with – let alone ‘determinative’ of – the action taken, the 100-day pause,” Tipton wrote in a 105-page ruling.
Tipton also sided with Paxton’s argument that Texas would be harmed by the order.
“Texas claimed injury from unanticipated detention costs is sufficiently concrete and imminent. The harm is concrete or de facto because Texas incurs real financial costs in detaining criminal aliens,” Tipton wrote.
On Tuesday, Tipton put a kibosh on the Biden team’s efforts indefinitely.
Tipton agreed, and that being the case, the Trump-era deportation program is back in business at least until a higher court overrules Tipton if it ever comes to that. The Biden team has not indicated one way or another that they will appeal.
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